COURSE DESCRIPTION

DESCRIPTION& OBJECTIVES

The objective of the course is to inculcate in law students the art of interpretation of statutes and to train them to effectively involve in legislative drafting. The course contents will include the general rules and basic principles of construction, main parts of a statute, the intent of legislature, prospective and retrospective statutes, repeal and expiry of statutes etc. In Legislative Drafting, topics like basic techniques of legislative drafting, main parts of legislation, subordinate legislation and enquiry into legislative policy of bills tabled in the parliament will be part of the course contents. The course will also include the  general principles of interpretation as laid down in the General Clauses Act, 1897.

 

 

                                              INTENDED LEARNING OUTCOMES

 

On successful completion of this course, a student will be able to:

 

  • Locate, identify and be able to critically analyze relevant statutes, statutory provisions and legislative instruments, as well as pertinent judicial authority;
  • Interpret the appropriate provisions using the accepted tools and techniques of statutory interpretation;
  • Apply statutory provisions to fact scenarios and communicate the interpretation, nature and effect of statutory provisions to relevant stakeholders, such as clients and courts.

 

 

READINGS

 

 

  1. Maxwell, P. B., & Langan, P. S. J. (1969). The Interpretation of statutes. London: Sweet and Maxwell.
  2. Iqbal, M. (1972). Interpretation of statutes. Karachi: Pak Publishers.
  3. Lal, B. (1964). Interpretation of statutes. Lucknow: Eastern Book Co.
  4. Sarathi, V. P. (2010). Interpretation of statutes. Lucknow: Eastern Book Co.
  5. Bhattacharyya, T. (1990). The interpretation of statutes. Jaipur: University Book House.
  6. Gandhi, B. M. (n.d.). Interpretation of Statutes(2nd ed.). Eastern Book Company.
  7. Ishom, M. (2017). Legal drafting. Malang, Jatim: Setara Press.

 

Week

Topics and Readings

BOOKS WITH PAGE NUMBER

1.

Interpretation in general

Reading: Law of Interpretation: Maxwell and Craze

 

Interpretation of Statutes by B.M Gandhi: Published by Eastern Book Company, Lucknow: Page 01-10.

 

 

2.

Intrinsic and Extrinsic aids to interpretation

Reading: Law of Interpretation: Maxwell and Craze

 

Interpretation of Statutes by B.M Gandhi: Published by Eastern Book Company, Lucknow: Page 63-114.

 

 

 

3.
  • Presumptions of interpretation

Reading: Law of Interpretation: Maxwell and Craze

 

Interpretation of Statutes by B.M Gandhi: Published by Eastern Book Company, Lucknow: Page 10-18.

 

 

 

4.
  • Maxims of interpretation

Reading: Law of Interpretation: Maxwell and Craze

 

Interpretation of Statutes by B.M Gandhi: Published by Eastern Book Company, Lucknow: Page 22-28.

 

 

 

5.
  • Maxims of interpretation

Reading: Law of Interpretation: Maxwell and Craze

 

Interpretation of Statutes by B.M Gandhi: Published by Eastern Book Company, Lucknow: Page 30-37.

 

 

6.
  • Literal interpretation

Reading: Law of Interpretation: Maxwell and Craze

 

Interpretation of Statutes by B.M Gandhi: Published by Eastern Book Company, Lucknow: Page 38-49.

 

 

7.
  • Beneficial interpretation

Reading: Law of Interpretation: Maxwell and Craze

 

Interpretation of Statutes by B.M Gandhi: Published by Eastern Book Company, Lucknow: Page 52-59.

 

8.
  • Strict interpretation

Reading: Law of Interpretation: Maxwell and Craze

 

Interpretation of Statutes by B.M Gandhi: Published by Eastern Book Company, Lucknow: Page 177-179.

 

9.

Mid Term Exam

 

 

 

 

10.
  • Exceptional interpretation

Reading: Law of Interpretation: Maxwell and Craze

 

Interpretation of Statutes by B.M Gandhi: Published by Eastern Book Company, Lucknow: Page 151-162.

 

 

 

11.
  • Interpretation nearer to Justice and Reason

Reading: Law of Interpretation: Maxwell and Craze

Interpretation of Statutes by B.M Gandhi: Published by Eastern Book Company, Lucknow: Page 176-184.

 

12.
  • Interpretation as to jurisdiction of court

Reading: Law of Interpretation: Maxwell and Craze

 

Interpretation of Statutes by B.M Gandhi: Published by Eastern Book Company, Lucknow: Page 151-162.

 

 

 

13.
  • Conflict of Law

Reading: Law of Interpretation: Maxwell and Craze

 

http//www.law.cornell.edu/wex/conflict_of_laws

14.

Presentation and Assignment

 

 

 

15.

Interpretation as to jurisdiction of court

Reading: Law of Interpretation: Maxwell and Craze

 

Interpretation of Statutes by B.M Gandhi: Published by Eastern Book Company, Lucknow: Page 151-162.

 

16.

Final-Term Exams